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After being informed that the test came back positive, Mr. Hernandez admitted to drinking heavily and using cocaine the night before the drug test. Therefore, the company gave Mr. Hernandez the option to resign or to face involuntary termination, in which he chose to resign. In an effort for Mr. Hernandez to have a clean record, Raytheon Company indicated in his record that he quit in lieu of workplace misconduct.
More than two years later, Mr. Hernandez applied for rehire at the same company. Unfortunately, an employee with the company's Labor Relation's Department reviewed the application and rejected it because she stated that the company had a policy against rehiring employees who were terminated for workplace misconduct, which was clearly stated as to why Mr...
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